Il ricorso diretto di costituzionalità come strumento di democrazia climatica

Direct Constitutional Appeals as a Tool for Planetary Climate Litigation

Abstract

Direct constitutional appeals as a tool for planetary climate litigation – This paper delves into the multifaceted role of direct constitutional appeals in addressing the challenges of climate democracy. It briefly treats innovative environmental governance solutions and new theoretical paradigms, like Earth System Law and participatory democracy. The study reconstructs previous proposals for integrating direct appeals into the Italian constitutional framework, highlighting the importance of these instruments for balancing environmental concerns with legislative actions, especially in the context of intergenerational solidarity. The paper then concentrates on the Bundesverfassungsgericht’s decision regarding the Federal Climate Protection Act (Bundesklimaschutzgesetz or KSG) of 2019, and delves into its impact on global climate justice in a multilevel perspective. The study proposes a reconsideration of existing legal frameworks, particularly in jurisdictions lacking direct appeal mechanisms, to effectively address the challenges of the climate crisis. This approach suggests a potential realignment of legal responses to better meet the urgent environmental demands of our times.

Keywords: Direct constitutional appeals; Intertemporal fundamental rights; Planetary climate litigation; Transnational climate democracy.